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GREEN BAY & W. R. CO. v. COMMISSIONER OF INT. REV.

No. 8618.

147 F.2d 585 (1945)

GREEN BAY & W. R. CO. et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

February 27, 1945.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, Merrill Manning and Clarence Castimore, all of New York City, and John Harrington, of Chicago, Ill., for petitioner.

Samuel O. Clark, Jr., Sewall Key, Robert Koerner, and T. Carroll Sizer, Asst. Attys. Gen., and J. P. Wenchel and John Morawski, Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before MAJOR and KERNER, Circuit Judges, and BRIGGLE, District Judge.

MAJOR, Circuit Judge.

This is a petition for review of a decision of the Tax Court of the United States, entered February 28, 1944, in which the court sustained deficiencies in the income taxes of Green Bay & Western Railroad Company1 (hereinafter referred to as petitioner), for the years 1937 and 1939, as determined by the Commissioner of Internal Revenue.

In the taxable years, petitioner paid certain amounts from its earnings...

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